Re: Re: Re: PPA's

Subject: Re: Re: Re: Re: PPA's

Comments:
: : : : When filing a provisional application for patent validity purposes I realise it must be written to fully support the scope of the claims to give the protection desired, but what are the problems that may occur? Is there a fine line between the disclosed subject matter in the PPA and that of the RPA? Also who decides on the validity of the subject matter? : : : : I have recently been informed that the changes can be made to the subject matter of the PPA within the year and in which you don't lose the earlier filing date. I feel this is a grey area. I challenge anyone to be give a solid conclusive answer substantiated by fact, or atleast put me in the right direction. : : : Dear David, : : : The provisional application must fully support the claims of the NPA. : : : Changes can be made but there may be risks if they were not in the original provisional. : : : I am professionally sceptical about what a do-it-yourselfer can acheive in getting a GOOD patent. : : : I've only met one or two non lawyer inventors who really know what they were doing. Even Jerry Lemelson the most patented person to date, who got $200M for his patents could not write a good application. : : : I was astounded when he turned a case he had written over to me to find out that as a genius he was but couldn't write a decent patent application. : : Thank you for your reply. Have you noticed any differences in the writting style of patents between Europeans and US patent agents and lawyers? I honestly fee that there is no grey area in drafting patents you either do it convisingly well or fail flat on your face. However, with regard to the latter, there always seems to be patents out there that have got through the system - non of use are perfect! : : : M. Arthur Auslander : : : Auslander & Thomas-Intellectual Property Law Since 1909 : : : 505 Eighth Avenue, New York, NY 10018 : : : 212-594-6900, fax 212-244-0028, aus@auslander.com : : : ELAINE's Workshop (sm) : : : E arly L egal A dvice I s N ot E xpensive : Dear David, : There is not doubt that I have a personal interest in this business. I make a living practicing Intellectual Property law. : Even with a self interest I focus on getting value for the inventor to the extent that I am not driving around in a Mercedes. : You don't get it. Writing style, domestic or foreign has nothing to do with getting a good patent. : In order to get a GOOD patent the application, not only has to be prepared properly, the claims must be good. : We can ignore what I have said above if you are only looking for a piece of paper. Almost any jerk can get a patent issued, but that does not mean that the patent has value. : Recently a client came to me with a patent solicted by a legitimate practicioner. He complained that he saw his invention in general use. : I read the patent, it defined the invention, but the patent claims were so narrow that the inventor gave away the technology. Any inexperienced patent lawyer could have read the patent and advised a client how not to infringe but get the benefit of technology, as happened in this case. : Good luck to your intellectualism. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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